Comparative Forum Non Conveniens and the Hague Judgments Convention
32 Pages Posted: 10 Aug 2008 Last revised: 9 Jan 2014
Date Written: 2002
This article begins with a discussion of the application of the forum non conveniens doctrine in four common law legal systems. It then briefly notes related concepts applied in the courts of two civil law systems. This discussion is followed in Part IV by a brief history of the negotiations at the Hague Conference on Private International Law for a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters and a review of Articles 21 and 22 of the Interim Text of that Convention created at the June 2001 portion of the Diplomatic Conference. This review allows conclusions dealing with both the role of the forum non conveniens doctrine in contemporary transnational litigation and the effort to bring traditional common law and civil law approaches to parallel litigation closer together.
Keywords: forum non conveniens, common law legal systems, civil law legal systems, Hague Conference on Private International Law, Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, transnational litigation, recognition, enforcement, parallel litigation, judicial cooperation
JEL Classification: K19, K33
Suggested Citation: Suggested Citation